DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 7-9 and 12-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 3 and 13 recite the broad recitation “the connecting element is a screw”, and the claims also recite “in particular a thread-furrowing or thread-cutting screw” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 7 recites “the bore”. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites “the thread-furrowing or thread-cutting screw”. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the broad “a radially stepped and/or roughened” as well as the narrower “in particular knurled”. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 12 recites “the axial offset”. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 6-7 and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kroeger (US# 4187603) in view of Schlehbusch et al (US# 6536563).
Kroeger discloses all the limitations of the instant claim including; an electromagnetically actuated spring-applied brake comprising: a brake disk 16/19 which can be mounted on a shaft 13 in a non-rotatable but axially displaceable manner, an electromagnet 20 which has a magnet housing 21 and a coil 23 accommodated therein, an armature plate 24 arranged to be axially displaceable between the brake disk 16/19 and the magnet housing 21 and a flange 14 which is arranged non-rotatably on the magnet housing by means of a connecting element 40/42, wherein the brake disk 16/19 and the armature plate 24 are arranged between the flange 14 and the magnet housing 21, wherein the connecting element 40/42 engages in a counterpart 43 that is designed to correspond to the connecting element and is pressed into a hole 37 provided by the magnet housing 21, the edge of the counterpart facing the magnet housing being arranged at a distance from the bottom of the hole while leaving a gap space having a residual volume. Kroeger lacks the disclosure of the hole being a blind hole. Schlehbusch et al disclose a similar brake and further teach the use of blind holes instead of through openings to prevent moisture from entering the device (col. 8, lines 55-63). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use blind bores in place of the through bores 37 of Kroeger, as taught by Schlehbusch et al, to prevent moisture and contaminants from entering the bore and corroding the connecting elements.
Regarding claim 6, a bore (38 or portion of 37 surrounding 42 or 44) adjoins the blind hole 37 in an axial extension of the blind hole, into which bore the connecting element engages releasably.
Regarding claim 7, the bore (adjacent 42 and/or 44) has a smaller internal diameter than the internal diameter of the blind hole (diameter at 43 once assembled).
Regarding claim 10, as modified, Kroeger discloses a method for manufacturing an electromagnetically actuated spring-applied brake according to claim 1, wherein the magnet housing 21 is fixed in a holding device 50/51/54/55, the brake disk 19 is arranged on the magnet housing 21 with the armature plate 24 interposed and the counterpart is pressed into the blind hole 37 by means of a press plunger 51, wherein the press plunger cooperates with a first section (40 or the face of 51) with the counterpart 43 and with a second section 14 with the brake disk 19, wherein the second section 25 protrudes axially beyond the first section 40 on the magnet housing side and wherein the press plunger 51 is moved in the direction of the magnet housing until the armature plate 24 strikes against the magnet housing 21 (figures 4-5).
Regarding claim 11, the armature plate 24 is arranged on the magnet housing 21 with compression spring elements 26 being interposed. Figure 4.
Claims 2-5, 8-9 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kroeger (US# 4187603) and Schlehbusch et al (US# 6536563), as applied to claims 1 and 10 above, in further view of Alexander (US# 4142610).
Kroeger, as modified above, disclose all the limitations of the instant claims with exception to the connecting element having a thread (claim 2), the connecting element is screw (claim 3) or the counterpart is a threaded sleeve (claim 4). Kroeger instead discloses an integral connecting element and counterpart 35. Alexander discloses a similar brake device and further teaches a two piece connecting element 31/26 having a screw 35 engaging a threaded sleeve 26. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the connecting element of Kroeger to be two-piece with a threaded connection, as taught by Alexander, to facilitate maintenance of the device, thereby increasing its service life.
Regarding claim 3, Alexander teaches a connecting element as a screw 31.
Regarding claim 4, Alexander teaches a counterpart as a threaded sleeve 26.
Regarding claim 5, Alexander teaches the connecting element 31 engages releasably in the threaded sleeve 26.
Regarding claims 8 and 13, Alexander teaches the threaded sleeve 26 has on the inside a region which interacts with the screw 31 and which extends in the axial direction over a partial section of the threaded sleeve 31. Kroeger, Schlehbusch et al and Alexander lack the specific disclosure of the screw being a thread-furrowing or thread-cutting screw. The Examiner takes official notice that a thread-furrowing or thread-cutting screws are well known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a thread-furrowing or thread-cutting screw arrangement in the device of Kroeger, Schlehbusch et al and Alexander, as known in the art, to simplify construction by eliminating the need to machine threads in the counterpart.
Regarding claim 9, as modified, the threaded sleeve has a radially stepped and/or roughened, in particular knurled, region 43 on the outside of its lateral surface, which region extends in the axial direction over a partial section of the threaded sleeve.
Allowable Subject Matter
Claim 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY T KING whose telephone number is (571)272-7117. The examiner can normally be reached 10:30-5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at 571 272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK
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